August 14, 2013

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Thomas Sowell asks if the left is serious about educating minority students.

Two recent events — one on the east coast and one on the west coast — raise painful questions about whether we are really serious when we say that we want better education for minority children.

One of these events was an announcement by Dunbar High School in Washington, D.C., that it plans on August 19th to begin “an entire week of activities to celebrate the grand opening of our new $160 million state-of-the-art school building.”

The painful irony in all this is that the original DunbarHigh School building, which opened in 1916, housed a school with a record of high academic achievements for generations of black students, despite the inadequacies of the building and the inadequacies of the financial support that the school received.

By contrast, today’s DunbarHigh School is just another ghetto school with abysmal standards, despite Washington’s record of having some of the country’s highest levels of money spent per pupil — and some of the lowest test score results.

Housing an educational disaster in an expensive new building is all too typical of what political incentives produce.

We pay a lot of lip service to educational excellence. But too many institutions and individuals that have produced good educational results for minority students have not only failed to get support, but have even been undermined.

A recent example on the west coast is a charter school operation in Oakland called the American Indian Model Schools. The high school part of this operation has been ranked among the best high schools in the nation. Its students’ test scores rank first in its district and fourth in the state of California.

But the California State Board of Education announced plans to shut down this charter school — immediately. Its students would have had to attend inferior public schools this September, except that a challenge in court stopped this sudden shutdown. …

 

Eliana Johnson keeps after new IRS information.

… E-mail correspondence unearthed by the House Ways and Means Committee reveals that Lois Lerner, the figure at the center of the scandal, may have committed a felony by divulging information about a conservative group to the Federal Election Commission, in an incident that dates back at least to 2008, before President Obama took office. Though some conservatives have eagerly sought evidence that Obama’s White House instigated the IRS’s targeting of tea-party groups, the latest evidence suggests that an anti-conservative bias may instead be an endemic feature of the federal bureaucracy. And now, an FEC official is raising the specter of systemic bias at that agency, too, calling the techniques its lawyers employ a “much more sophisticated way” of discriminating against conservative groups than those used by the IRS.

“When we spoke last July, you had told us that the American Future Fund had not received an exemption letter from the IRS,” an FEC attorney wrote in a February 2009 e-mail to Lerner.

But Section 6103 of the Internal Revenue Code provides that both “return information” and “taxpayer return information” are strictly confidential. An IRS source tells National Review Online that, within the agency, disclosing the information that Lerner appears to have provided is considered “a violation of Section 6103.”

That’s a felony punishable by up to $5,000 in fines or five years in prison. If found guilty of such a violation, Lerner, who has been on paid administrative leave since May, would also lose her job: “If such offense is committed by any officer or employee of the United States,” the law reads, he shall “be dismissed from office or discharged from employment upon conviction for such offense.”

Tax-law experts, however, disagree about whether Lerner’s apparent disclosure was a violation of Section 6103. Steven Willis, a professor of tax law at the University of Florida’s Levin College of Law, argues that it was. The law “does not allow for disclosure of pending applications,” Willis says, and though he acknowledges that the law is a “technicality,” he maintains that Lerner’s violation is something more serious. “In her position as director of Exempt Organizations, Ms. Lerner would surely have been aware of section 6103,” Willis tells me. “She would have had responsibility to ensure that employees who reported to her not violate the sections.” Further, her role as a senior IRS official “adds to the seriousness.”

However, it’s not clear that Lerner disclosed anything that could not have been inferred from information otherwise available to the FEC. …

 

Jennifer Rubin posts on the president’s defense of his lawlessness.

… no president is empowered to ignore parts of laws, even ones he dubs to be outside the “core” of legislation. The president should have been challenged at the press conference. Congress should not allow its job of making and amending legislation to be usurped by the president, whose theory would allow a President Chris Christie or President Scott Walker to announce he was unilaterally halting the individual mandate or the medical device tax.

The president’s penchant for authoritarianism has not been limited to Obamacare. He has also altered immigration law and  gone after the work requirement in welfare legislation. House Majority Leader Eric Cantor (Va.) has put together a handy compendium of these power grabs. Couple those with his recess appointments and excessive use of executive privilege to deny Congress the ability to conduct oversight and you have a president attempting to exercise unprecedented powers.

The left is convulsed over the president’s enforcement of duly passed anti-terror legislation that is subject to both judicial and legislative oversight. Yet when it comes to their favorite domestic initiatives, they muster no concern about an out-of-control executive. They should keep this in mind when the next GOP president comes along.

 

The left loves housing density and Joel Kotkin knows why.

Among university professors, government planners and mainstream pundits there is little doubt that the best city is the densest one. This notion is also supported by a wide number of politically connected developers, who see in the cramming of Americans into ever smaller spaces an opportunity for vast, often taxpayer-subsidized, profiteering.

More recently density advocates span a much-discussed study of geographic variations in upward mobility as suggesting that living in a spread-out city hurts children’s prospects in life. “Sprawl may be killing Horatio Alger,” quipped economist and New York Times columnist Paul Krugman.

Yet the study actually found the highest rates of upward mobility not in dense cities, but in relatively spread-out places like Salt Lake City, small cities of the Great Plains such as Bismarck, N.D.; Yankton, S.D.; and Pecos, Texas — all showed bottom to top mobility rates more than double New York City. And we shouldn’t forget the success story of Bakersfield, Calif., a city Columbia University urban planning professor David King wryly labeled “a poster child for sprawl.” Rather than an ode to bigness, notes demographer Wendell Cox, the study found that commuting zones (similar to metropolitan areas) with populations under 100,000 — smaller cities that tend to be sprawled by nature  —  have the highest average upward income mobility.

“Sprawl” did not kill Detroit, as Krugman suggests in his previously mentioned column, the city did that largely to itself. Another like-minded critic, historian Steven Conn,  blames the auto industry for the city’s problems, perhaps not recognizing Detroit would be little more than a more southerly Duluth without it.

There are at least three major problems with the thesis that density is an unabashed good. First, and foremost, Census and survey data reveal that most people do not want to live cheek to jowl if they can avoid it. Second, most of the attractive highest-density areas also have impossibly high home prices relative to incomes and low levels of homeownership. And third, and perhaps most important, dense places tend to be regarded as poor places for raising families. In simple terms, a dense future is likely to be a largely childless one. …

 

Lat night humor from Andy Malcolm.

Leno: President Obama and the Greek Prime Minister Antonis Samaras met in the White House. Obama and the Prime Minister of Greece talking about the economy. If that isn’t the blind leading the blind.

Conan: The NFL is cracking down this year on excessive celebrations. Players are being told not to show off too much after a touchdown, a sack or a murder.

Fallon: The New York City Education Dept. says only 26% of students passed the English portion of the latest standardized test. On the bright side, they’re too bad at math also to know how bad that is.

August 13, 2013

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John Steele Gordon explains one of the reasons the health care bill was so poorly written. We also learn one of the reasons compromise is so difficult.

Obamacare, enacted more than three years ago, has been unraveling for over a year.  And there’s a good reason for that: it was never intended to become law at all.

Ordinarily one house of Congress passes a bill and the other house then substantially amends that bill or writes its own from scratch. No one worries too much about the actual language in these bills because they eventually go to a conference committee made up of both senators and representatives. There, the differences are ironed out and legislative draftsmen put the conference bill into final shape. That’s when they worry about the exact language, cross the T’s, dot the I’s, and reconcile conflicting provisions. After both houses pass this final, cleaned up legislation, it goes to the president for signing and becomes law.

But that process was aborted in this case. The Senate passed its version, full of sloppy language, impossible mandates, and contradictory provisions, on Christmas Eve 2009. It could do so because the Democrats at that point had a 60-vote, filibuster-proof majority.

But then, the people of Massachusetts stunned the political world by electing a Republican to Teddy Kennedy’s old Senate seat in January 2010. Bye-bye filibuster-proof majority. If the House didn’t pass the exact same bill the Senate had passed, the two bills would have to be reconciled and the final bill sent back to the Senate, where the Republicans now could—and certainly would—filibuster it.

There were only two choices: have the House—where the majority has total control—pass the Senate bill with all its sloppiness, or cut the Republicans in on the deal sufficiently to pick up a couple of Senate Republicans. This being Obama’s Washington, of course, they opted to pass a crudely drafted, legislative horror show into law.

Now these political chickens are coming home to roost. …

 

… But why is there not a normal, let’s-get-the-country’s-business-done political atmosphere in Washington these days? Could it have something to do with a president who says, in a scheduled press conference, such things as:

“Now, I think the really interesting question is why it is that my friends in the other party have made the idea of preventing these people from getting health care their holy grail, their number-one priority. The one unifying principle in the Republican Party at the moment is making sure that 30 million people don’t have health care and, presumably, repealing all those benefits I just mentioned — kids staying on their parents’ plan; seniors getting discounts on their prescription drugs; I guess a return to lifetime limits on insurance; people with preexisting conditions continuing to be blocked from being able to get health insurance.”

Republicans, of course, don’t oppose any of those provisions, except, perhaps, for 26-year-old “kids” on their parents’ health insurance. It is pure, unadulterated, unadorned, bald-faced political slander by the president of the United States against the party that controls one house of Congress. It is also political stupidity of a very high order.

Barack Obama is, by far, the most viciously partisan president in American history. Other presidents have been partisan, often deeply so, but were careful to take the high road so as to keep open lines of communication with the other party, without which governance cannot be successful in a democracy. Not Barack Obama.  His incompetence in everything political except winning elections is now costing him (and, inevitably, us) big time.

History will not treat this man kindly.

 

John Hayward says a new “consult with business leaders clause” has been found in the Constitution. 

President Obama’s bizarre press conference on Friday produced a number of memorably loopy moments, but none surpassed this alleged Constitutional scholar’s discovery of the “consultation with business leaders” clause in the Constitution, which gives Presidents limitless power to break the law, provided some unspecified number of business leaders approves.

This is the same press conference where Obama compared the controversial universal domestic surveillance programs of the National Security Agency with his wife checking up on him to make sure he did the dishes, yes.  This is the press conference where he invented a new “core al-Qaeda” subdivision, never mentioned once during his endless “al-Qaeda is on the run” football spiking over the death of Osama bin Laden during the 2012 campaign.  Detroit is dead after struggling with a fifty-year case of terminal liberalism, and al-Qaeda has America on the run, but rest assured, bin Laden sleeps with the dishes.

Nevertheless, the stuff about the Business Leader Clause was more significant.  It’s a real window into the way this lawless President views his limitless executive power, and the servile relationship of the American people to their wise ruling class.   The old chestnut about conservatism versus liberalism asks if we are a people with a government, or a government with a people.  But to Barack Obama, America is an almighty White House with a vestigial legislature, hot-wired to a few big cities, isolated in a dark sea of ignorant flyover-country child-citizens who must occasionally be told fanciful things to keep them under control.

This is what the President said, on the subject of his illegal modification of the Affordable Care Act to roll the employer mandate back by a year:

With respect to health care, I didn’t simply choose to delay this on my own. This was in consultation with businesses all across the country, many of whom are supportive of the Affordable Care Act, but — and who — many of whom, by the way, are already providing health insurance to their employees but were concerned about the operational details of changing their HR operations if they’ve got a lot of employees, which could be costly for them, and them suggesting that there may be easier ways to do this. …

 

National Review piece on more lawless behavior from the president.

America has a two-party system. But it’s not Republicans versus Democrats. It’s the ruling class — Republicans and Democrats — against everyone else. Consider how President Obama just gave Congress its very own Obamacare waiver.

Obamacare includes a provision that should cost each member of Congress and each staffer $5,000 to $11,000 per year. Needless to say, the ruling class was not pleased.

Congress wasn’t about to try to exempt itself from this provision explicitly, though. If John Q. Congressman voted to give himself an Obamacare waiver that his constituents don’t get, he wouldn’t be John Q. Congressman much longer. What’s an aristocrat to do?

On July 30, I predicted that, even though he had no authority to do so, President Obama would waive that provision at taxpayers’ expense. On August 1, he ignobly obliged the aristocracy by decreeing we peasants give each member and staffer $5,000 or $11,000, depending on whether they want self-only or family coverage. It’s good to be king.

The president’s supporters, like courtesans of old, are trying to quell a peasant uprising by denying there were any special favors. The denials ring hollow. …

 

John Hinderaker wonders if insulting Putin is “smart” diplomacy.

Remember the good old days when the Obama administration promised “smart diplomacy?” Hillary Clinton mocked the Bush administration for not cozying up sufficiently to Vladimir Putin’s Russia, and presented the Russians with a “reset” button to demonstrate that from now on, things would be better. Right.

Now the administration is feuding with Putin over Edward Snowden. It is a bad sort of feud, because the Russians hold all the cards, in the person of Snowden. Whatever Snowden knows they can easily learn, and at this point there is nothing we can do about it. So in his press conference today, Obama lashed out against Putin:

“I don’t have a bad personal relationship with Putin. When we have conversations, they’re candid, they’re blunt; oftentimes, they’re constructive. I know the press likes to focus on body language and he’s got that kind of slouch, looking like the bored kid in the back of the classroom.”

Maybe directing gratuitous insults toward rival world leaders is a good strategy, when you are dealing from a position of weakness. Maybe, but I doubt it. Although I can see how it could be tempting. But we certainly have come a long way from the early days of the “Hope and Change” administration.

 

Prosecutorial overreach in Tennessee becomes columnist overreach by Nicholas Kristoff.  

IF you want to understand all that is wrong with America’s criminal justice system, take a look at the nightmare experienced by Edward Young.

Young, now 43, was convicted of several burglaries as a young man but then resolved that he would turn his life around. Released from prison in 1996, he married, worked six days a week, and raised four children in Hixson, Tenn.

Then a neighbor died, and his widow, Neva Mumpower, asked Young to help sell her husband’s belongings. He later found, mixed in among them, seven shotgun shells, and he put them aside so that his children wouldn’t find them.

“He was trying to help me out,” Mumpower told me. “My husband was a pack rat, and I was trying to clear things out.”

Then Young became a suspect in burglaries at storage facilities and vehicles in the area, and the police searched his home and found the forgotten shotgun shells as well as some stolen goods. The United States attorney in Chattanooga prosecuted Young under a federal law that bars ex-felons from possessing guns or ammunition. In this case, under the Armed Career Criminal Act, that meant a 15-year minimum sentence.

The United States attorney, William Killian, went after Young — even though none of Young’s past crimes involved a gun, even though Young had no shotgun or other weapon to go with the seven shells, and even though, by all accounts, he had no idea that he was violating the law when he helped Mrs. Mumpower sell her husband’s belongings. …